Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I changed lawyers in a Paternity/Uniformed Child Custody

case because 1st lawyer didn't...
I changed lawyers in a Paternity/Uniformed Child Custody case because 1st lawyer didn't use evidence I had given to put her on defensive. He didn't help me he in fact she was getting a pass and in response put me on defensive. I changed lawyers. My question is can he get rid of filed case and reopen a whole new one with correct allegations and my wishes?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: If hired a new one 7 days ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: Like what?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
2/25/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,189
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

So to be clear you want to throw out the entire case and refile?

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Sorry site has been trying to redirect me
Customer reply replied 9 months ago
Can u answer without me calling? And this is in florida
Customer reply replied 9 months ago
Its the weekend and his office is closed otherwise I would call him. I just would like to know now. Tu

Yes, you must have received an autogenerated phone call service request;

thank you for your patience;
i could find no basis for vacating prior orders based on hiring new counsel. If both parties do agree, the court may dismiss it (without prejudice so it can be refiled later) but if the other party objected the court would not rule for that since there is no authority to do so.

Child custody issues are always modifiable based upon a showing of changed circumstances so if the new lawyer can review the file and find a changed circumstance (since the most recent order) that can be a basis for modifying prior orders.

But the court will not throw out the entire case.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
what prior lawyer put in that we are both fit and proper to care for them ( which in her case isn't true with evidence I have). He didn't outline circumstances. Can that be redone?

If there is ongoing evidence then the new evidence can be used, and then the past evidence can be brought in "in support of" the allegation.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Did u get camera shot?
Customer reply replied 9 months ago
She has filed a response. Putting me on defensive. So shot I sent u saying both proper and her lawyer agreeing to that can be modify to say she isnt? Then what were her lawyer do?

Yes, so if an order was made based on that, the party wishing to modify it can present new evidence that shows the other party is not in fact fit due to X, Y and Z.

Ask Your Own Family Law Question

Her lawyer would need to respond to that new motion.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
If u can answer this id appreciate. No financial affidavit on her part had been filed since this started Dec 22 2016. Can she get support from then till present or when she filed one? Her lawyer is asking to start it from Dec 22. Still no financial has been filed
Customer reply replied 9 months ago
Last one

The court can order the support retroactive to the date of the filing of the request for support;

however, if a party unreasonably refused to provide the necessary affidavit so an award can be determined the court can apply equitable doctrines to bar support for that time (on the premise that the unreasonable delay unduly prejudiced the obligor since they had no idea of the amount and thus could not plan accordingly).

Ask Your Own Family Law Question
Customer reply replied 9 months ago
The first time it was brought up was in her lawyers response 3 days ago.
Customer reply replied 9 months ago
Their was never a filing on her part till she got a lawyer 3 days ago

Then the court does not have jurisdiction to award support prior to the date the request was made.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,189
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Ty
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,189
11,189 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When parents go to court over child custody, what is
When parents go to court over child custody, what is "discovery" exactly and how does it work?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
440 satisfied customers
The father of my child has not asked for a paternity test
The father of my child has not asked for a paternity test since my son was born. AJ is three months old now. I was told that after 90 days, if hasnt asked for paternity test, his rights are taken away… read more
Seattle Scott
Seattle Scott
Private practice attorney
993 satisfied customers
PA child custody. PA. Child abuse, false statements,
child abuse, false statements, substance abuse, mental health issues… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,907 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,907 satisfied customers
I have the following provision in a child custody and
I have the following provision in a child custody and support judgement: … read more
Expert James
Expert James
Doctoral Degree
11,610 satisfied customers
My question pertains to family law. After filing with the
Hello. my question pertains to family law. After filing with the state and receiving child support , father ask us to move in . what is the statue of time frame or does he go back to stop child suppor… read more
LegalGems
LegalGems
Lawyer
11,189 satisfied customers
I received an emergency child custody order for my grandosn
I received an emergency child custody order for my grandosn in North Carolina where he lives and took that order to the Florida courts where his father lives and filed the unified custody act papers t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to get child custody with a good reason if
Is it possible to get child custody with a good reason if you are behind on child support? I am going through divorce-custody. I pay a good amount 1200 a month I just can't afford what the DA ordered.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,776 satisfied customers
In regards to child custody and the child lives with the
in regards to child custody and the child lives with the mother in another state, does one have to file for a custody agreement in that state or can one file where they live? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,776 satisfied customers
Any child custody lawyers in AL available at this time?
Any child custody lawyers in AL available at this time? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
Looking for child custody attorney. Want to ask a question.
looking for child custody attorney JA: Do you want to talk to a Family Lawyer? Customer: want to ask a question JA: Do you want to talk to a Lawyer? Customer: yer JA: How else can I help? Customer: ho… read more
lawyerJ
lawyerJ
Juris Doctorate
137 satisfied customers
Looking for child custody attorney. Want to ask a question.
Second opinion] looking for child custody attorney … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,779 satisfied customers
I have questions regarding family law and child custody.
i have questions regarding family law and child custody. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,390 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
A family law question. Colorado. It's a child custody
yes. How can we keep the new wife and step mom from trying to be a part of this dispute?… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,867 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x